MAGISTRATE’S COURT Three Months’ Gaol For False Pretences, Theft

Press, Volume CVII, Issue 31379, 26 May 1967, Page 8

MAGISTRATE’S COURT Three Months’ Gaol For False Pretences, Theft

Parental guidance was absent, and the probation report indicated an appalling home background, said Mr M. G. L. Loughnan, in the Magistrate’s Court yesterday when James Paul Gable Clark, aged 29, a painter, appeared for sentence on charges of obtaining clothing valued at £l3 IBs 6d and Is 6d in cash by false pretences at Christchurch on April 21, and of stealing £2OO at Invercargill on or about April 6.

“There must come a turning point for every man who turns to crime,” said Mr Loughnan to Mr P. L. Molineaux, S.M. “If no-one reached this turning point, the prisons would be full of old men. I ask the court to take a calculated risk and let him have his liberty.” Clark had been given four terms of imprisonment, but he was now under the influence of a family which was doing very much to.help him and they found he had reacted to this environment very well. Clark had also met a girl of high principle, and for the first time in his life was considering matrimony. They would probably have already been married but for the present trouble, and it was indicative of the. defendant's maturity that he had delayed marriage until after the court hearing to avoid the position Where he would have a wife visiting him in prison, said Mr Loughnan. The money stolen had been used to buy a car, which had been turned over to the police of his own accord. The money belonged to his uncle, but there was a suggestion that this amount was the proportion of an estate which Clark might have been entitled to receive, although there was no legal authority for this, said Mr Loughnan.

The Magistrate said Clark had 47 previous convictions and “the whole gamut of penalties available to the court had been tried . . . there seems to be no consistent period of reformation.

“In view of the amount involved and his record, notwithstanding the restitution that has been made, it does seem that imprisonment is appropriate.” The term would not be a long one as there were prospects of rehabilitation. “The spark of good engendered by the family and the girl might disappear if you were put away for a long time,” said the Magistrate. Clark was imprisoned for three months on each charge, the terms to be concurrent.

CABELESS USE Barry Cleave OUbtrt, aged 31, a carpenter (Mr A. P. c. Tipping), was Oned *XO and disqualified for on* month on a charge of carelessly using a motor-vehicle on February IS.

He was fined £lO and disqualified for an added three months for failing to stop after an accident.

Evidence was given that Gilbert had been travelling east on Ferry road when he collided with a taxi which was watting to turn right into Fitzgerald avenue. He had not stopped until further up Ferry road. FBACTUBED FIKE HOSE An incident during the fire at A. B. Guthrey’s, Ltd., in Carlye street, in the early morning of February 2S, when a car ran across a hose being used by firemen, led to Spencer James Carroll, aged £O, a machinist, appearing on a charge of carelessly using a motor-car. Carroll said in evidence he was driving south along Colombo street about 4 a.m. and as he came over the bridge, saw men waving hands and torches and hoses running across Colombo street. . “I was completely confused," he said. He did not see a traffic officer directing traffic right into Cass street, and drove straight on over a hose, fracturing it His speed was about five miles an hour. Carroll had apparently passed about six or eight fest from a white helmeted traffic officer

without seeing Mm, said the Magtetrate. He wee probably looking at th* fir*. Carroll (Mr A. P. C. Tinning) wae convicted and fined £*. FINED *S The owner ot a dog which attacked Henry Albert Clarke In Morten place on February 2*. was fined £S. John McCallum (Mr P. G. S. Penllngton) had prevloualy pleaded guilty. FAILED TO STOP Aubrey Desmond wa* fined U for failing to stop at a compulsory stop. (Before Mr H. J. Evans, S.M.) PROBATION AND FINE Warren Michael Benson, aged 17, workman, was fined £5O and disqualified from driving for six months On a charge of unlawfully taking a motor-car at Christchurch on or about April *• On a further charge, that he stole 27 bottles of milk valued at £1 Ss Id, he was put on probation for two years, conditions being that he not associate with any person of whom the probation officer disapproves and that he live and work where directed. Benson was appearing for sentence. In sentencing Benson the Magistrate eald that the offencee were not adventurous escapades and if he continued his mode of behaviour he would become more involved in crime. “From the probation officer's report, it seems that it is not impossible for you to learn a lesson." FAILED TO STOP John Leslie Kane, aged It, a shed band (Mr D. J. Hewitt) was convicted and fined £l7 when he appeared on three driving charges arising from an Incident on the highway near Gore on February 10. On a charge of falling to stop after an accident he was fined £l2. on a charge of carelessly using a motor vehicle he was fined £5 and on a charge of falling to report damage after an accident he was ordered to pay costa of £1 10a. He pleaded guilty to all three charges. On a further charge of procuring liquor after hours from the Ballway Hotel on February 10 he was convicted and fined £S. He pleaded guilty. STOLE BATTERY For stealing a car battery, valued at £7, the property of William George Redmond at Bakaia on April 8, John Stephen Muddock pleaded guilty and wa* convicted and remanded for a probation officer’s report and sentence. An order was made tor the return of the battery. ASSAULTED FEMALES A man, who had served a sentence of six months' imprisonment for assaulting his wife, wa* fined £lO and ordered to pky witnesses’ expenses of £* on two charges assaulting females. Dennis Joseph Holland, aged 20, bullder’a labourer, denied both chargee but later changed his pleas to guilty. For the defendant, Mr J. W. Dalmer said that the charges arose from a domestic dispute. The names of the complainants were suppressed. DANGEBOUS SPEED The totality of elements ot potential danger was sufficient to prove a charge of driving at a speed that might have been dangerous against Leonard John Southgate, aged 27, a car salesman. Th* Magistrate said this tn reference to Mr M. J. Glue’s application for a reduction in the charge to one of exceeding 30 m.p.h. Mr Glue appeared for Southgate. The charge arose from an incident in Christchurch on March 11. He was fined £lO and was disqualified from driving for one year, the period to take effect from June 8. UNDER INFLUENCE George Leslie Bannister, aged 20, a cleaner, was convicted and fined £35 and disqualified from driving for three years when he appeared on a charge of driving while under the influence of drink or drugs In Gloucester street on May 24. He pleaded guilty. Detective Sergeant A. B. Dalzell said that the defendant was followed from the City Council car park in Gloucester street to Oxford terrace by a traffic officer. During that distance he forced a cyclist off the road. He was stopped and taken to the Central Police Station. A doctor certified him unfit to drive. Toss Ngatohu Taurerewa, aged 37, a railway worker (Mr D. J. Hewitt) was convicted and fined £2O and disqualified from driving for three yean on a charge of driving while under the influence of drink or drugs on Breezes road on May 17. He pleaded guilty. Detective Dalzell said the defendant was seen by a police patrol weaving along Breezes road. Ho was stopped and found to be unsteady on his feet and to have slurred speech. He was arrested and a doctor at the Central Police station found him unlit to drive. Mr Hewitt said that the defendant suffered from pleurisy and bronchitis. He said that the defendant found that drinking mixture* of port and brandy helped to relieve pain.

ASSAULT Boy Frederick French, aged 21, a truck driver, was convicted and fined £8 on a charge of assaulting Doris Miro French on May 24. He pleaded guilty. Detective Sergeant Dalzell said that the police had been called to a domestic dispute at the defendant’s home. MISCELLANEOUS PROSECUTIONS Supplied liquor to a minor: Brent Noel William Woodgate, £4; Peter Andrew Luke, £lO. Carelees use of a motor vehicle: CUv* WllHscroft McCall, £3.

BANKRUPTCY OFFENCE Paul George Maurice, a workman, was remanded on bail to Jun* 13 for sentence on a charge ot obtaining £l5O in credit from Ernest James Walker Wilson on February 28 without dlscioeing that he was an undischarged bankrupt. Maurice pleaded guilty. Mr B. F. Powell, who prosecuted, said Maurice was first declared bankrupt in May, USS. He owed £498 and had assets amounting to £4B. He paid a dividend of 7d in the £.

Maurice was declared bankrupt for a second time in September, 1965. His debts were £1261. There had been no distribution to creditors.

Maurice purchased a car from Mr and Mrs Wilson for £l5O. They were selling It on behalf of their son. He took possession of the car on February 28 and said he would pay later. No payment* were mad*. MILK CHARGES The Christchurch Milk Company, Ltd. (Mr G. F. Rea) was ordered to pay costs of £1 10s and a solicitor’s fee of £5 5e on a charge of using a vehicle for carrying milk, not protected from the sun. The company pleaded not guilty. Mr G. B. Lascelles prosecuted for the Christchurch City Council. A similar charge on the carriage of mUk from a milk stere was dismissed. A plea of net guilty wa* entered. The Magistrate said that the company provided the correct equipment but one of its servants had failed to use it. James David Hollows, a milkman, was fined £5 and was ordered to pay a solicitor’s fee ot £3 3s on a charge of not protecting milk on a truck from th* sun and was ordered to pay coats of £1 10* and a solicitor’* fee of £1 M* on a similar charge involving the carriage of milk from a milk store. He pleaded guilty to the tat charge and not guilty te th* second.

MISCELLANEOUS OFFENCES No radio licence: Dusk Amat, £3; Barry Gordon Baxter, £3; Barry Donaldson Caldwell, £3: John Halllssey. £3: Reymond Eli Macferlane, £3; John Lawrence Bonan, £2.

Overtook vehicle In Christ-church-Lyttelton road tunnel: Terence Leslie O'Neill, £5; Charles Horatio Jones, £5. Failed to register factory: Debonair* Steel Products, Ltd.,

Licence not affixed to trailer: Raymond Stanley Field, £1 (no warrant of fitness, £1). Failed to clear noxious weeds: Richard J. A. Spencer, £6. No return of Income: Cecil William George Hopping (two charges) £5 on each; Arthur Edward Payne, £lO.

No television licence: Derek Erneet Harrop. £5. Unlicensed trailer: Raymond Stanley Field, £1 (no warrant of fitness, £1).

Exceeded 30 miles an hour in Christchurch - Lyttelton road tunnel: Bernard Lagrosse, £B.